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(영문) 부산고등법원 2019.05.31 2018누23220
토지수용손실보상금증액
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Details of the disposition;

(a) Project approval and the name of the project publicly notified: Industry route (C) expansion works, and Section 2 (hereinafter referred to as the “instant project”); D Public Notice of Ulsan Metropolitan City on August 6, 2015

B. Subject to expropriation ruling by the Central Land Tribunal on January 5, 2017: Each land listed in paragraphs (1) and (3) of the attached Table 1 (hereinafter “each land of this case”, “each land of this case”) and the obstacles listed in Paragraph (2) of the attached Table 2 of the attached Table (hereinafter “the obstacles of this case,” and “the land of this case” in combination with each land of this case): Plaintiff A Co., Ltd. for compensation on February 28, 2017: KRW 181,980,850 for compensation on February 28, 2017 (= KRW 161,118,850 for compensation for losses of land: KRW 20,862,00 for the total amount of KRW 124,691,00 for the total amount of KRW 306,671,850 for :

(c) Plaintiff B: 193,573,150 won (i.e., land 167,681,150 won and 25,892,00 won) for compensating for losses caused by a judgment made by the Central Land Expropriation Committee on May 25, 2017 (i.e., total amount of KRW 133,019,400: 326,592,550 won;

D. Plaintiff A corporation for losses as a result of the commission of appraisal by the court of the first instance: 204,012,100 won (i.e., land 175,812,100 won and 28,200,000 won): Plaintiff B: 135,642,00 won and 339,654,100 won and 339,654,100 won and 439,654,100 won and 439,654,100 won and 1 through 6 (including 1.6 numbers; hereinafter the same shall apply), each entry of evidence Nos. 1 through 5, Eul’s E appraiser’s office of the first instance court, the result of commission of appraisal by the E appraiser

2. Determination

A. The plaintiffs' assertion and judgment 1) The appraisal and court appraisal in the process of each judgment were excessively low compared to the surrounding market prices of each land of this case.

(B) Since there is no place to transfer trees among the obstacles of this case, it is considerably difficult to transfer them in technical and economic terms, the project of this case must compensate at the price of the goods, not the cost of transfer (the Plaintiff A Co., Ltd.). (C) due to the project of this case, the impact, vibration, and building caused by traffic accidents on the remaining land and building of this case.

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